PSYC268 Midterm 2

In Canada, what is the legal definition of a mental disorder?

any illness, disorder, or abnormal condition that impairs the human mind and its functioning

True of false: self-induced states of intoxication constitute a mental disorder

false

What is fitness to stand trial?

the defendant must be able to have a full understanding of the charges against them, as well as the proceedings surrounding their trial and potential conviction

When is someone unfit to stand trial?

when they cannot conduct a defence at any stage of the proceedings due to a diagnosable mental disorder/illness

Someone who is unfit to stand trial due to a mental disorder/illness may struggle to:

- understand the nature or purpose of the proceedings

- understand the possible consequences of the proceedings

- communicate with their counsel

What are the requirements noted in the limited cognitive capacity test?

to effectively communicate with a lawyer, the accused...

- must be able to recall necessary details of the offence

- recall must be in a manner that enables their counsel to wage a defence

set out in R v. Taylor (1992) (Ontario Court of Appeal)

What is irrelevant in the determination of fitness to stand trial?

whether decisions of the accused are in their best interest

When can the issue of fitness be raised? Who can raise the issue?

- can be raised at multiple points during pre-trial proceedings or during the trial

- can be raised by either Crown or defence

- burden of proof rests on the party that raised issue

Who assesses fitness to stand trial?

medical practitioners or any other professional clinician who has been designated by the attorney general as qualified

- psychologists may be asked to conduct psychological testing and submit results to medical practitioners to aid in assessments

What are the 2 types of instruments used to assess fitness?

screening instrument: quick assessment designed to screen out defendants that have raised issue

fitness assessment: comprehensive, structured, and in-depth assessment

What is the Fitness Interview Test - Revised (FIT-R)?

a semi-structured screening instrument measured on a 3-point scale to assess:

- factual knowledge of criminal procedure

- appreciation of involvement and importance of proceedings

- ability to participate in defence

What are the 3 stages of the FIT-R?

1. determine the existence of a mental disorder

2. determine the defendant's capacity regarding each of the three psychological abilities assessed

3. examining the previous information available on defendant

What is the MacArthur Competence Assessment Tool - Criminal Adjudication (MACCAT-CA)?

a structured 22-item assessment instrument to assess:

- factual understanding of legal system and adjudication process

- reasoning ability

- understanding of legal situation and circumstances

What happens when a person is found fit to stand trial?

the trial proceeds as normal

- if found guilty, they will be sentenced

- if acquitted, legal proceedings are concluded

- can be found NCRMD

True or false: most defendants evaluated for fitness are found to be fit to stand trial

true

What percentage of fitness evaluations find the accused unfit to stand trial?

28%

What happens when a person is found unfit to stand trial?

proceedings stop until competency is restored

- defendant may be detained in a hospital or conditionally discharged

- reassessed for fitness within 45 days

- if still unfit after 90 days, referred to review board

- cases reviewed on annual basis by board

- Crown must continue to prove enough sufficient evidence remains to bring the case every 2yrs or when defendant requests it

How can fitness be restored?

through treatment (medication, therapy, other intervention)

- often done in hospitals

- defendants are usually fit within 6 months

- nearly all defendants are found to be fit within 1yr

What are the 4 criteria a treatment order must meet?

1. evaluators must specify the anticipated time to restore fitness

2. benefits of treatment must outweight the risks

3. least intrusive option available should be ordered

4. should include medication and/or training in court processes

What happens if a defendant is unlikely to ever be fit to stand trial?

absolute discharge (as of R v. Demers, 2004)

What is Bill C-10?

dictates that the court has the authority to discharge (either conditionally or absolutely) someone unfit to stand trial if:

- the accused is unlikely to ever become fit

- the accused does not pose a significant threat to public safety

- it is in the best interest of the proper administration of justice

What is NCRMD?

Not Criminally Responsible on account of Mental Disorder

- removes responsibility for performing a particular act because of uncontrollable impulses or delusions (such as hearing voices)

What is the M'Naghten Standard?

a defendant must:

- be suffering from a defect of reason/disease of the mind

- not know the nature and quality of the act they are performing

- not know that what they did was wrong

What is Bill C-30?

changed how mental illness was looked at in CJS

- Not Guilty by Reason of Insanity (NGRI) → NCRMD

- implementation of review boards

- "no person is criminally responsible for an act/omission made while suffering from a mental disorder that rendered the person incapable of appreciating the nature & quality of the act/omission or of knowing that it was wrong"

True of false: Vince Li was found NCRMD and was involuntarily committed to a care unit

true

- he had undiagnosed and untreated schizophrenia

True of false: the defence of NCRMD is not commonly used and not commonly successful

true

Who has the burden of proof when NCRMD is raised?

the party that raised the issue

True or false: Crown counsel can only raise defence in particular circumstances

true

What is the R-CRAS?

a retrospective assessment that assesses 5 scales (each containing 30 items)

- clinician evaluates and interprets all information and makes a decision

What are 3 possible outcomes if someone is found NCRMD?

1. absolute discharge: defendant is released without restrictions

2. conditional discharge: defendant is released but must meet certain conditions

3. psychiatric facility: defendant may be sent to a psychiatric facility for treatment and absolutely discharged when better

What is capping (provision) in NCRMD?

the maximum period of time a person with a mental illness can be affected by their disposition before being released without restrictions

- unless they are still dangerous to public

What was the study conducted by Hudachek & Quigley-McBridge (2022)?

- participants disclosed demographics and completed Beliefs about Mental Illness Scale

- read high or low severity case description

- then given 1st testimony (control vs. defence-leaning vs. prosecution-leaning)

- then given 2nd testimony (control vs. defence-leaning vs. prosecution-leaning)

- "do you think the person meets the legal definition of insanity?"

What is automatism?

- unconscious, involuntary behaviour

- individual is unaware of the act they are committing

What are the 2 kinds of automatism?

1. noninsane: involuntary behaviour that occurs because of an external factor → not guilty

2. insane: involuntary behaviour that occurs because of a mental disorder → NCRMD

How is automatism determined?

judge considers information to determine if behaviour could be involuntary, and if insane vs. noninsane automatism

- psychiatric assessments

- severity of triggering event

- history of automatic behaviour

What are some examples of automatism triggers?

- physical blow (blunt trauma)

- physical ailment (tumour)

- hypoglycemia

- carbon monoxide poisoning

- sleepwalking

- involuntary intoxication (roofied)

- psychological blow

When can self-induced extreme intoxication lead to a finding of automatism?

self-induced extreme intoxication akin to automatism may be used as a legal defence

- decided on a balance of probabilities

- defendant must prove they consumed substance, and that the substance caused them to enter a state similar to automatism

- expert evidence must be provided to support that the substance (and amount of it) caused the individual to act unconsciously and that the possibility was unforeseeable to a reasonable person

What was the case of Matthew Brown?

- ingested alcohol and psychedelic mushrooms

- attacked woman

- was determined to be delirious and lacking mens rea

- acquitted because self-induced intoxication was akin to automatism

What was the case of Tyler Hikoalok?

- assaulted woman

- claimed he was black-out drunk and did not remember anything

- evidence did not support his claims → 1st-degree murder conviction

Why are there high rates of mental illness in offender populations?

- mentally ill are arrested at disproportionately high rate

- less skilled at committing crimes → more likely to get caught

- more likely to plead guilty (e.g. high anxiety of interviews or uncertainty→ false confession, plea bargain, etc.)

True or false: individuals with mental illness are violent

false

- mental illness may increase risk for violent acts

- ...but so can substance abuse, prior criminal behaviour, living situation, etc.

What are the treatment options for offenders with mental illness?

can include medication and behaviour therapy

- community treatment order: offender with mental illness can live in community but with conditions (e.g. attend therapy)

- diversion: instead of serving term in prison, receive treatment in a program (psychiatric hospital)

What are the main objectives of mental health courts?

- diver those charge with minor to moderately serious offences and offer them an alternative to incarceration

- to facilitate evaluation of a defendant's fitness to stand trial

- to ensure treatment for a defendant's mental disorders

- to decrease the cycle that offenders with mental disorders experience by becoming repeat offenders

How effective are mental health courts? What does the research say?

limited research, but supported use of mental health courts

- increased connection to services

- reduced recidivism/reoffending

- increased satisfaction with CJS

- decreased length of incarceration

What is the fundamental principle of sentencing in Canada?

must be proportionate to offence severity and responsibility of the offender

What is an aggravating factor?

a circumstance that makes the offence more serious, it can lead to an increased sentence

- vulnerability of the victim (age, disability), premeditation, impact on the victim, figures of authority, record of the perpetrator (recidivism)

What is a mitigating factor?

a circumstance that makes the offence less severe and can lead to a reduced sentence

What are the principles of sentencing in Canada?

- proportionality to offence severity and offender responsibility

- consider aggravating & mitigating factors

- consistency of sentencing in similar offences and circumstances

- combined sentences should not be excessively long/harsh

- imprisonment should be a last resort

- special considerations for Indigenous offenders

What are the purposes of sentencing in Canada?

- to denounce unlawful conduct: punish offender to show that actions are unacceptable (deterrence)

- to separate from society: restriction of freedom as punishment and for public safety

- to rehabilitate: to reduce risk of recidivism (therapy, education, vocational training)

- reparations: giving back to society what they want to repair harm (serving sentence, fines/fees, restorative justice)

What is specific deterrence?

the experience of prison dissuades convicted offenders from committing more crimes when they are released

What is general deterrence?

people will choose not to commit crimes because they fear going to prison

What is an absolute discharge?

- found guilty

- no criminal record

What is a conditional discharge?

- found guilty

- no criminal record...

- ...so long as conditions are met

What is a suspended sentence?

- found guilty

- released on probation period

- criminal record

What is a continuous term of imprisonment?

time served consecutively

- 5yr sentence, followed by 5yr sentence = 10yrs served

What is a conditional term of imprisonment?

sentence served in the community with specific conditions (therapy, job, etc.)

- if conditions failed, often results in imprisonment

What is an intermittent term of imprisonment?

custody time served on weekends

- usually civil cases

What is an indeterminate term of imprisonment?

no fixed time period of sentence

- reviewed on regular basis

What is life imprisonment?

25 years

What is a concurrent term of imprisonment?

time served for multiple offences starting at same time

- 5yr sentence, another 5yr sentence = 5yrs served

What is a jail?

- short-term holding cell

- operated by cities and administered by local authorities

- usually for post-arrest detention before charges are laid

What is a remand center?

- short-term holding cell

- operated by province/territory

- for offenders before/during trial, between conviction, sentencing, and transportation

What is a prison?

- long-term holding cell

- provincial centre: less than 2yrs

- federal centre: more than 2yrs

What is a minimum security prison?

- offenders convicted of non-violent or less serious charges

- offenders who have demonstrated positive or low-risk behaviour and reassessed

- limited restrictions (on freedom, rec time, etc.)

What is a maximum security prison?

- highest level of security for safety of guards and other prisoners

- strict regulations

What is prison culture?

- separation from loved ones (limited access to technology, visitors)

- no decision-making power (no choice in food, use of time)

- oppressive physical environment

- lack of privacy

- violence

- enforced idleness and routine

- reinforced behaviour among inmates (tough, loyal, problem-solving with violence)

What is probation?

the conditional release of an offender

- condition examples: weekly meetings with probation officer, maintain employment, abstain from substances, presence at group therapy, specific living conditions

- if conditions violated → fines and/or prison sentence

What are some issues with the conditions imposed by probation?

- "maintain employment": sometimes out of your control

- "abstain from substances": if you have addiction and don't have support and resources...

- depending on sentence, may be unable to get drivers license or other certifications which can make fulfilling requirements hard

What are sentencing disparities?

when those who commit the same crime receive different punishment

- sometimes rational, but also can be due to biases in police, prosecution, or judicial discretion

What is unwarranted sentencing disparity?

variations in sentencing for similar crimes committed under similar circumstances due to legally irrelevant factors

What is systematic disparity?

consistent disagreement/inconsistencies due to the same factors

- differences between sexes, races, etc.

What are some causes of sentencing disparities?

- differences in incarceration rates between provinces

- men tend to receive longer sentences than women

- Indigenous peoples tend to be disproportionately sentenced

What are unsystematic disparities?

inconsistencies across time or between judges for the same type of offender or crime that cannot be traced to a particular factor or reason

- ex: one judge is more lenient than the other

What is parole?

the release of offenders from prison before full imprisonment term is served

- conditional release into community

- recognizes rehabilitated offenders and that the purpose of the sentence has been fulfilled

- high degree of community supervision

- clause that if conditions are not followed, parole can be revoked

What are some considerations of a parole board?

- criminal history and risk of reoffending

- social supports and existing relationships

- reliable employment

- psychological reports

- institutional behaviour

- victim impact statements

- information indicative of change (education, therapy, etc.)

- feasibility of release plans (where they are working, staying, etc.)

Why can parole board decisions be inconsistent?

- offender type (violent vs. nonviolent)

- certain information holds more weight for different parole boards

- same parole board for different offenders

What is a safeguard in place to reduce inconsistencies in parole board decisions?

a structured framework created to help structure decisions and reduce inconsistent decisions

True or false: federal offenders are largely successful at completing a conditional release without violating conditions

true

What is the purpose of Indigenous courts?

Indigenous populations are overrepresented in the CJS because they are disadvantaged by the system

- strategies and processes put in place to appeal to Indigenous culture and values

What is a Gladue report?

a report requested by Indigenous offender to aid sentencing decisions

- provides judge with factors in offender's background that may mitigate their culpability

- ex: substance abuse, poverty, intergenerational trauma, exposure to abuse

Children struggle with most of the aspects of memory and decision-making that adults do but...

the effects tend to be much greater

Children are better than adults at...

telling the truth

- good at recalling what they believe happened rather than what usually happens

- not good at misrepresenting information intentionally

In the context of eyewitness identification, children are...

not as practiced at recognizing faces or understanding what level of certainty is required in a situation

What is a wildcard?

a substitute image (silhouette of a person) that children can pick in a lineup when the suspect is not present

What are 3 ways of improving eyewitness identification accuracy in children?

1. wildcard

2. backloading/padding

3. a blank lineup

What is backloading/padding?

a sequential lineup with several blank photo cards at the end

- children no longer know how many options there will be and prevents identifying a person because they believe they will run out of options

What is a blank lineup?

a lineup full of only fillers to see if they pick anyone

- gives you an idea of their response bias and memory

What was the case of Jimmy Guard?

Provo, UT (2004)

- girl attacked from behind walking home from school

- 1st officer not skilled at interviewing children got testimony with vague details

- 2nd officer skilled got similar testimony but with a few more details

- 2nd officer presented her with all-suspect lineup and she chose Guard

- court refused to hear expert testimony on eyewitness ID, particularly in children

- Guard convicted, appealed, ultimately convicted

What is suggestibility?

the degree to which memory for events can be influenced by social and psychological factors

Children are:

- very suggestible (used to believing anything adults tell them and doing as they are told)

- not good at separating imagination, ideas, and reality (poor source monitoring)

- not good at understanding complicated situations or concepts

- vulnerable (not capable of knowing what is appropriate vs. inappropriate, can't stand up for themselves, etc.)

What increases suggestibility among children?

- leading questions

- repeated interviews (especially if they are suggestive)

- imagination-based retrieval techniques ("you said this didn't happen, but imagine if it did...")

- presence of an authority figure (police, teacher, etc.)

- peer influence

What is the archaeological dig study?

- 3 groups: saw event / heard from peers / control

- Dr. Diggs (confederate) spilled drink on map

- Interviewed with neutral vs suggestive questions

Findings:

- Peer influence + suggestive questions → most false reports

- Kids told about event were as likely to say they saw it as real witnesses

What is the Sam Stone study?

- "Sam Stone" visited class for 2 min

- ages 3-4 or 5-6

- 4 groups: control / pre-suggestion / post-suggestion / pre + post

- interviewed 4× over 10 weeks

- post-suggestion → many false reports

- pre + post → most false reports

- takeaway: suggestive questioning, esp. after event, easily creates false memories in kids

What are some protectors against suggestibility for children?

- descriptive narratives (and can do so even in a different order)

- assertive

- corrects interviewer

- seeks clarification when unsure

- sometimes says no

- will choose when given multiple choice options (decisive)

- will answer IDK to some questions

What are some outlines of the NICHD protocol?

- open-ended → closed-ended → leading questions

- best questions ask for information via free recall and encourage a narrative response

- do not constrain topic, allow them to talk about whatever comes to mind

What are the 4 interview prompt styles outlined in the NICHD protocol?

- invitation: classic, open-ended questions

- cued invitation: incorporate previously reported detail into question

- facilitator: acknowledge what was said and encourage to continue

- directive: request specific information about a previously reported detail

What are the 3 interview phases of the NICHD protocol?

1. pre-substantive

2. substantive

3. closing

What is involved in the pre-substantive phase of the NICHD protocol?

1. introduction as to interviewer's role

2. ground rules (truth vs. non-truth)

3. rapport building

4. practice interview

What is involved in the substantive phase of the NICHD protocol?

1. transition (reason for interview)

2. investigative incidents (tell me what happened)

3. focused questions (question re previously reported detail)

4. disclosure information (who else knows?)

What is involved in the closing phase of the NICHD protocol?

1. focus on closure and explaining

2. finish the interview on a fun, neutral topic